Can a warrantless entry by a criminal law enforcement officer into a residential unit without a warrant be used in an emergency?

California, United States of America


The following excerpt is from People v. Sauceda-Contreras, G041831 (Cal. App. 2012):

One well-recognized exigent circumstance is a fire. "Our decisions have recognized that a warrantless entry by criminal law enforcement officials may be legal when there is compelling need for official action and no time to secure a warrant. [Citations.] Similarly, in the regulatory field, our cases have recognized the importance of 'prompt inspections, even without a warrant, . . . in emergency situations.' [Citations.] A burning building clearly presents an exigency of sufficient proportions to render a warrantless entry 'reasonable.' Indeed, it would defy reason to suppose that firemen must secure a warrant or consent before entering a burning structure to put out the blaze." (Michigan v. Tyler (1978) 436 U.S. 499, 509.)

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